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(영문) 대구지방법원 2019.02.21 2018고단407
주택법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Resident Registration Act intended to apply for an application for an apartment to be sold under construction by an apartment construction company, because the applicant has a qualification to reside in the apartment construction administrative district as of the date of the public announcement of the subscription for the application, the Defendant failed to acquire the difference at a high price after having the subscription holders transfer the subscription passbook to the apartment construction administrative district.

The Defendant illegally acquired the subscription passbook from D with respect to the sale of “C”, an apartment building located in Daegu Suwon-gu, which was publicly announced on March 28, 2013, with respect to the sale of the apartment located in B, and the fact that D did not intend to move into Daegu-gu, the Defendant conspired with D by having D file a report on the transfer of his/her resident registration to “Seoul-gu, Northern-gu E” for the purpose of drawing the subscription for apartment, notwithstanding the absence of D’s intent to move into the Daegu-gu, 2013.

B. In relation to the sale of the foregoing “C”, the Defendant illegally acquired the subscription passbook from F, and even though the Defendant did not intend to transfer F to Daegu, in collusion with F by having F file a report on the transfer of a female’s resident registration to the “F-gu North-gu E” on March 28, 2013, the Defendant reported false facts regarding the resident registration.

2. No person who violates the Housing Act shall acquire a supply of, or have others acquire a supply of, any deed, status or housing constructed and supplied under the Housing Act by fraudulent or other illegal means;

A. Nevertheless, the Defendant filed a move-in report with respect to D’s resident registration for the purpose of winning the subscription for apartment, as described in paragraph (1), and filed an application for sale of apartment under D’C’ in Daegu Suwon-gu B around April 2013 with documents, such as a false resident registration certificate, and a disguised resident registration certificate.

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